What are the leave requirements for Family Medical Leave Act?

Employees in Louisiana understand how their personal life or family life can interject with their work life. At times, events happen in their person or family life that requires an employee to step away from their job for a period of time to address these issues. In these situations the Family Medical Leave Act serves to provide an employee with the right to do so.

What are the leave requirements for Family Medical Leave Act? According to section 102 of the Family Medical Leave Act or FMLA, there are five main situations or requirements that could make an employee eligible for leave. If eligibility is determined, the employee is entitled to a total of 12 weeks of leave during a 12-month period for one or more of these reasons.

First, an employee could take leave for the birth of their son or daughter in order to care for them. Second, FMLA could be used for the placement of an adopted or fostered son or daughter. Third, FMLA could be used to care for a spouse, son, daughter or parent of the employee if they are suffering a serious health condition. Fourth, an employee could use this employee right if the employee suffers a serious health condition that results in the employing being unable to perform the normal functions of their position of employment. Last, FMLA could be used for any qualifying exigency arising out of the fact that the employee's spouse, son, daughter or parent's involvement in the armed forces.

If an employee seeks to use their FMLA and they meet the leave requirements, they should be granted this leave. If an employer fails to honor the request, an employee has rights and options such as filing a complaint. Those dealing with legal issues surrounding a requested leave such as family medical leave should become knowledgeable about their situation so they can take appropriate action.

Source: United States Department of Labor, "Sec. 102. Leave Requirement," accessed Feb. 2, 2015

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